Liability in Cherry Hill Pedestrian Accident Cases

It is sometimes difficult to determine liability in a Cherry Hill pedestrian accident case. If a police officer arrives at the scene of an accident, they may make initial findings or determinations of responsibility, but ultimately, if an injured pedestrian hires an attorney, there will be a claim or a complaint filed. If there cannot be an agreement as to responsibility, a jury will decide who is responsible for a pedestrian’s damages.

If you have been involved in a pedestrian accident and are looking to determine liability, it is important to contact a local attorney who could build a claim to help recover any potential damages you may be entitled to.

Determining Liability

Figuring out who is responsible for a pedestrian’s injuries requires careful consideration of all the facts of the accident. These typically include:

  • Weather and other roadway conditions
  • The behavior of the driver and/or pedestrian
  • The location of the accident
  • The speed at which the motorist was traveling

Every piece of factual evidence would be used to determine liability in a Cherry Hill pedestrian accident case.

Pedestrian Fault

Liability in Cherry Hill pedestrian accident cases is similar to negligence in a motor vehicle case in the sense that there are rules of the road not only for motorists, but for pedestrians as well. Anytime somebody is making a decision on who is responsible for a pedestrian accident, the rules of the road must be analyzed versus the facts that can be gathered about what happened.

A pedestrian may be found partially or completely at-fault for an accident if they failed to use the crosswalk, crossed in the middle of an intersection, or failed to use reasonable precautions when crossing an intersection when they know or should have known the other vehicle would not see them or was not going to stop. Fortunately, a Cherry Hill lawyer could help an injured pedestrian refute allegations of shared fault to maximize their compensatory award.

Critical Factors

When determining liability in a pedestrian accident in Cherry Hill, the speed of the motor vehicle involved is significant if it was appropriate for the conditions at the time. Other factors in pedestrian accident liability to consider include:

  • Whether the driver of the motor vehicle was distracted or had some sort of obstruction on their dashboard or something hanging from the rear-view mirror that prevented them from seeing the pedestrian
  • Whether the person on foot was looking down at their cell phone or not paying attention to their surroundings
  • Whether or not the pedestrian was using a crosswalk or following some other sort of traffic signal
  • Whether the driver of the vehicle was following applicable traffic laws, including speed

Benefit of a Cherry Hill Attorney in Proving Liability in Pedestrian Accident Cases

An attorney works to build a liability or negligence case against the motorist who injured a pedestrian by ensuring the pedestrian’s rights are protected and gathering the appropriate evidence from the scene and from witnesses.

Preserving evidence is the best way that an attorney can help establish liability in a Cherry Hill pedestrian accident case.